Case seeking to have Agriculture CS jailed dismissed

A petitioner, Benson Odour, has lost his bid to have Agriculture Cabinet Secretary Peter Munya sentenced to civil jail for contempt of court.

Munya had been accused of failing to honour an order barring the Cabinet Minister for Agriculture, Livestock and Fisheries from convening the first meeting of the Kenya Veterinary Board.

Oduor made an application against Munya on the grounds of alleged contravention of fundamental rights and freedoms, Articles 232 of the Constitution and section 7 (1) of the Sixth Schedule, concerning the veterinary surgeons and veterinary para-professionals and regulations 2015 and in the matter of appointment of the Kenya Veterinary Board members.

The application dated April 28, sought leave to cite Munya and seven other Kenya Veterinary Board members for contempt of court following their failure to comply with the orders issued by the court on April 13.

The petitioner had also asked the court to order that the eight persons be committed to civil jail for a period of six months as punishment for their contempt of court.

In the alternative to imprisonment, the petitioner requested the court to impose a fine of Sh5 million on the named persons.

Kisumu Presiding Judge Fred Ochieng, in his ruling, said that when canvassing the application, the petitioner pointed out that the court had granted conservatory orders.

The orders stated; "The first respondent shall stand barred by this conservatory order, from convening the first meeting of the third respondent's board.

"The applicant did not specify the person through whom the Cabinet Secretary was served. It was not explained why service was being effected through the office of the CS, rather than upon the person who occupies the said position."

Further the judge ruled that the applicant failed to prove that the Cabinet Secretary was served or that the CS was aware about the order in issue.

"I find that the application is unsuccessful. It is dismissed," he ruled.